Does Dryject waive claims for punitive or exemplary damages against franchisees?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Waiver of Exemplary & Punitive Damages. RCW 19.100.190 permits franchisees to seek treble damages under certain circumstances.
Accordingly, provisions contained in the franchise agreement or elsewhere requiring franchisees to waive exemplary, punitive, or similar damages are void, except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel, in accordance with RCW 19.100.220(2).
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Dryject includes a provision regarding the waiver of exemplary and punitive damages specifically for franchisees in the state of Washington. The FDD states that under RCW 19.100.190, franchisees may seek treble damages under certain circumstances. Therefore, any provisions in the franchise agreement that require franchisees to waive exemplary, punitive, or similar damages are void.
However, there is an exception to this rule. Such waivers are permissible if they are executed as part of a negotiated settlement after the franchise agreement is already in effect. In this case, both parties must be represented by independent counsel, in accordance with RCW 19.100.220(2).
For a prospective Dryject franchisee in Washington, this means that the franchise agreement cannot initially force them to waive their right to seek exemplary or punitive damages. This protection is in place unless a settlement is reached later with independent legal representation. Franchisees outside of Washington should consult with legal counsel to determine if similar protections exist in their state.